ARTICLE 36 REVIEWS Dealing with the challenges posed by emerging technologies vincent boulanin and maaike verbruggen ARTICLE 36 REVIEWS Dealing with the challenges posed by emerging technologies vincent boulanin and maaike verbruggen December 2017 STOCKHOLM INTERNATIONAL PEACE RESEARCH INSTITUTE SIPRI is an independent international institute dedicated to research into conflict, armaments, arms control and disarmament. Established in 1966, SIPRI provides data, analysis and recommendations, based on open sources, to policymakers, researchers, media and the interested public. The Governing Board is not responsible for the views expressed in the publications of the Institute. GOVERNING BOARD Ambassador Jan Eliasson, Chair (Sweden) Dr Dewi Fortuna Anwar (Indonesia) Dr Vladimir Baranovsky (Russia) Ambassador Lakhdar Brahimi (Algeria) Espen Barth Eide (Norway) Ambassador Wolfgang Ischinger (Germany) Dr Radha Kumar (India) The Director DIRECTOR Dan Smith (United Kingdom) Signalistgatan 9 SE-169 72 Solna, Sweden Telephone: +46 8 655 97 00 Email:
[email protected] Internet: www.sipri.org © SIPRI 2017 Contents Acknowledgements v About the authors v Executive summary vii Abbreviations xi 1. Introduction 1 2. Article 36 reviews: what they are and why they matter 3 I. Article 36 and its requirements 3 II. Why Article 36 matters: technological changes and the conduct of warfare 6 3. Reviewing the legality of cyber weapons, means and methods of warfare 7 I. Cyberwarfare toolbox 7 II. Determining the lawfulness of cyber weapons, means and methods of warfare 9 Box. 3.1. Defining ‘cyberweapons’ 10 Box 3.2. Legal definition of ‘cyberattack’ 11 4. Reviewing the legality of weapons, means and methods of warfare 17 with autonomous capabilities I.